Employees are governed by Service Rules, not Organogram

By

22nd-Jul-2017

Share

Comments

High Court Division : (Special Original Jurisdiction)Quamrul IslamSiddique JRazik-al-Jalil JBellal Hossain Miah and anothers .........PetitionervsGovernment of Bangladesh and others .....RespondentsJudgment May 5th, 2016Constitution of Bangladesh, 1972 Article 102(2) Dhaka Municipal Corporation Ordinance (XL of 1983) Section 157 Organogram and Service Rules are different things. Organogram means an organizational chart, showing graphically the relation of one official to another or others of an establishment. It is also used to show the relation of one department to another or others, or of one function of an organization to another, or others. However, the service rule is a governing law to govern the service of the employees. If any appointment is made without following the service rules, that cannot be sustained on the ground that the provision is permitted by its organogram. Approbation and reprobation, the doctrine applies only to the conduct of parties. . ..... (32 & 33) Mohammad Hedayet Hossin. Advocate-For the Petitioner. AM Aminuddin with Sakib Rezwan Kabir, Advocates-For the Respondent No.6. Judgment. Razik-al-Jalil J : In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, all the instance of the petitioner a Division Bench of this Court issued a Rule Nisi on 19-4-2012, in the following terms: "Let a Rule Nisi issued calling upon the respondents to show cause as to why the impugned Memo No.05.132.046.00.00.0 11. 2011-338 dated 29-3-2012 (Annexure E) issued under the signature of respondent No. 3 transferring the respondent No. 6 and 7 in contravention of the item No. 17 of the Schedule of the Dhaka Municipal Corporation Employees Service Rules, 1989 should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders as to this Court may seem fit and proper." 2. The facts leading to the issuance of the Rule, in short, are that the petitioner was appointed on 1-6-1988 as Accountant (Bill) in Dhaka City Corporation (now abolished), vide Memo No. 1551/cÖtwet(ms), dated 1-6-1988. The petitioner was promoted to the post of Accounts Officer (Officiating), Miscellaneous Branch, Accounts Division on 17-8-1996, vide Memo No . 286/cÖtwet (m-1) 30, dated 19·8·1996.3. The Respondent No.1, being empowered pursuant to Section 157 of Dhaka Municipal Corporation Ordinance 1983, enacted Dhaka Municipal Employees Service Rules 1989. Therefore, the said Service Rules of 1989 was/is being applied as governing law with regard to the service of the petitioner. According to Item No. 17 of the Schedule of Dhaka Municipal Employees Service Rules-1989, the post of the Chief Accounts Officer will be filled in either by direct recruitment or by promotion. 4. Thereafter, the petitioner was given additional charge of Deputy Chief Accounts Officer pursuant to the decision dated 4-9-2008 and 8-10-2008. By Office Order dated 25-6-2009 the petitioner was promoted to the post of Deputy Chief Accounts Officer. Accordingly, the petitioner received the charge of Chief Accounts Officer of the said Corporation on 2-8-2009 from the earlier Chief Accounts Officer upon signing Memo. No. 278 wntwet, dated 2-8-2009. Accordingly, the petitioner wrote a letter, dated 2-8-2009 intimating the Chief Executive Officer, Dhaka City Corporation with regard to obtaining his charge and joining in the post of Chief Accounts Officer. Since then the petitioner has been discharging his duty as Chief Accounts Officer (in Charge). 5. On 1-12-2011, the Dhaka City Corporation was bifurcated as 'Dhaka South City Corporation' and 'Dhaka North City Corporation' by Local Government' (City Corporation) (Amendment) Act-2011. After such bifurcation the petitioner is still discharging his duty as Chief Accounts Officer-in-Charge and Additional Charge respectively in Dhaka South City Corporation and Dhaka North City Corporations. 6. Subsequently, the authority concerned decided that the Service Rules 1989 of the abolished Dhaka City Corporation would remain applicable for regulating and controlling the services of the employees of those two City Corporations. Accordingly the copy of the said Minute dated 8-3-2012 was forwarded to the authority concerned vide Memo No. 46.070.007.00.00.199.2011-454, dated 25-3-2012 for taking necessary actions. Thereafter, all on a sudden. Respondents issued Memo No.5. 1 32.046,00. 00.0 11. 20 11-338, dated 29-3-2012, (Annexure-E), transferring Respondent Nos. 6 & 7 to the post of Chief Accounts Officer of Dhaka North City Corporation and Dhaka South City Corporation from the post of Director, Railway Audit Department, Dhaka and Director, High Commission Audit Department, Dhaka, respectively in contravention of the item No. 17 of the schedule of the Dhaka Municipal Corporation Employees Service Rules 1989. Being aggrieved by this order, the writ petitioner filed the instant petition and obtained the instant Rule. 7. The petitioner by filing a supplementary affidavit dated 23-10-2014 stated that after such bifurcation, the petitioner had discharged his duty as Chief Accounts Officer-in-Charge and Additional Charge respectively in Dhaka South City Corporation and Dhaka North City Corporations until joining of Respondent Nos. 6 and 7 in the post of Chief Accounts officer of the Dhaka North/South City Corporations. Thereafter, an office order dated 13-5-2012 was issued releasing the petitioner from the post of Chief Accounts Officer-in-Charge and Additional Charge. As a result, the petitioner was discharging his duty as Deputy Chief Accounts Officer of Dhaka South City Corporation. (To be continued)

News Archive

Inside The New Nation

Adult film star-turned-Bollywood actor Sunny Leone, who is often a target of sexist and disparaging remarks by people, says she is disturbed when "nonsense" gets highlighted."I always try to push negativity aside, but there are some things which I can't because I am also a human and I have feelings."I ...

AP, Australia :Australia trounced India by 146 runs in the second Test to level the four-Test series 1-1 on the final day on Tuesday.Needing 287 runs to win, India resumed the day on 112-5 and was all out in a hurry for 140 in the second innings, and Australia was ...

AP, St. Petersburg :The women's tennis tour approved rule changes Monday that are meant to ensure players are not penalized after they return from pregnancy or an injury that causes a long absence.The changes were prompted, in part, by the experiences of former No. 1 players Serena Williams and Victoria ...

NEW United States ambassador in Dhaka Robert Earl Miller said that his country expected the upcoming December 30 elections in Bangladesh to be free, fair and credible as he paid a courtesy call on Prime Minister Sheikh Hasina. The US Ambassador informed the PM that his country would send 32 ...

CNN, Washington :Washington (CNN)Former FBI Director James Comey slammed Republicans on Monday for not speaking out against President Donald Trump's attacks on the FBI and strongly defended the agency's conduct, following his second round of questioning at a closed-door congressional interview."Somebody has to stand up and speak for the FBI," ...

Entertainment Report : In the beginning of current year popular singer Ankhi Alamgir performed in Utsab at Jodhpur Park in Kolkata. In the meantime, she also went to Kolkata for several times. On
December 14, she got the opportunity to perform as a leading singer of
Bangladesh at outdoor pool ...

Mustafizur Rahman has made a big leap to enter into the top five ranks of ICC ODI bowling rankings. Other Bangladeshi players have also made progress in the rankings after the end of Bangladesh-Windies ODIs.The Fizz moved five places to no.5 in the rankings. He has career-best 695 points against ...

MALAYSIAN Prime Minister Mahathir Mohamad on Sunday asked the ASEAN nations to take tough measures for creating pressure on Myanmar and its de facto leader Aung San Suu Kyi to end atrocities against the Rohingya Muslims. More than 720,000 Rohingyas have fled Myanmar's strife-torn Rakhine State to Bangladesh since August ...

AP, Srinagar :Soldiers and police fanned out across Indian-controlled Kashmir on Monday to enforce a security lockdown for a second straight day to stop anti-India protests and foil a call by separatists for a march toward India's main military garrison in the disputed region.Government forces patrolled streets in the region's ...

AP, New Zealand :Tim Southee took 5-67 as New Zealand exploited an influential toss to contain Sri Lanka to 275-9 Saturday on the first day of the first cricket Test at the Basin Reserve.A late unbeaten half century by wicketkeeper Niroshan Dickwella helped swing the day a little in Sri ...